Failure to Prevent Financial Exploitation of a Resident by Facility Staff
Penalty
Summary
A resident with a history of anemia, renal failure, bipolar disorder, respiratory failure, and a stage 3 sacral pressure ulcer, and who was assessed as cognitively intact with a BIMS score of 15, was involved in multiple financial transactions with a Certified Nursing Assistant (CNA) employed by the facility. The resident's care plan noted a risk for impaired cognitive function or thought processes, but the resident was his own payee and managed his own finances. The CNA was observed in the resident's room while the resident had his wallet out, and subsequent interviews revealed that the resident had given the CNA money on two separate occasions. The first incident occurred when the CNA complained to the resident about personal financial difficulties, specifically needing to fix her car battery. The resident gave the CNA $100, expecting repayment. The CNA later attempted to repay a portion of the money, but the resident declined partial repayment, requesting the full amount instead. On a subsequent occasion, the CNA informed the resident of a domestic situation, and the resident gave her an additional $12. The resident did not initially report these transactions, stating he willingly lent the money and would consider it a loss if not repaid. Facility staff became aware of the situation when the Assistant Administrator observed the CNA with the resident and his wallet. Upon inquiry, the resident confirmed giving money to the CNA. The CNA denied accepting any money from the resident. The facility's review of timecards indicated the CNA was not scheduled to work on the days the transactions occurred, but she had been present in the facility. The facility's policies prohibit staff from accepting money from residents, and the CNA had signed documents acknowledging these policies. The events were reported to local authorities, but no criminal charges were filed as the resident was deemed to have willingly given the money.